2011 (9) TMI 177 - AT - Central Excise

Waiver of pre-deposit - eligibility to avail cenvat credit on the alleged fake invoices - find that identical issues have been remanded back to the adjudicating authority following the decisions taken by this Bench in the case of M/s. Bhagwati Silk Mills & Ors. (2011 -TMI - 203593 - CESTAT AHMEDABAD) - Hence appeal is allowed by way of remand.

Summary

Issues involved:
- Eligibility to avail cenvat credit on alleged fake invoices

Analysis:
The Appellate Tribunal CESTAT, Ahmedabad dealt with stay petitions seeking the waiver of pre-deposit amounts confirmed by the adjudicating authority and the Commissioner (Appeals). The main issue in question was the eligibility to claim cenvat credit on alleged fake invoices. The appellant did not appear, but the authorized representative submitted a written submission referring to a previous order by the Bench for a similar issue. The learned SDR highlighted the similarity of the current case with a previous case involving M/s. Bhagwati Silk Mills & Ors., which was remanded back to the adjudicating authority. The Tribunal, after perusing the records, noted the identical nature of the issues and decided to remand both matters to the original adjudicating authority for reconsideration in line with previous directions. The Tribunal emphasized the need for the adjudicating authority to adhere to the principles of natural justice before reaching any conclusion. The appeals were allowed by way of remand, and the stay petition was also disposed of accordingly.